As noted above, many carriers are opting to play it safe and simply pay TTD during that time. We believe that it is reasonable to argue that no TTD is owed because the loss of modified work was due to the governmental order, however we cannot guarantee the WCAB will see it that way.
The basis of this argument is as follows: if your nonessential employer did offer modified duty during a “stay at home” order, they would literally be violating a governmental order and, in some areas, could be charged with a misdemeanor. Based on that, we would argue that you are not liable because the loss of work was due to complying with a stringent government order not to provide modified work.
Still, we cannot guarantee that the courts will see it the same way, and we understand why carriers would want to play it safe and simply pay TD in that scenario.
It’s also worth noting that if the employee has been quarantined, then the sick leave provisions of the new law would apply.
(February 12, 2021)